A Home Away From Home: Amending the Extradition Act

Ottawa, Canada
June 17, 1999

The United Nations' Universal Declaration of Human Rights asserts that human rights should extend beyond national borders.

Canada's Extradition Act underlines this position. It stipulates that Canada will refuse to extradite (forcibly return) anyone to a country that wants to punish that person because of race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status.

When it comes to protecting human rights, Canada is prepared to take on the world.

Extradition Act 44. (1) The Minister shall refuse to make a surrender order if the Minister is satisfied that (a) the surrender would be unjust or oppressive having regard to all the relevant circumstances or

(b) the request for extradition is made for the purpose of prosecuting or punishing the person by reason of their race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status or that the person's position may be prejudiced for any of those reasons....

(2) The Minister may refuse to make a surrender order if the Minister is satisfied that the conduct in respect of which the request for extradition is made is punishable by death under the laws that apply to the extradition partner.